The 2-1 ruling by the 5th District Court of Appeal focused on a restrictive covenant in the medical park that bars the property from being used for an outpatient surgical center.

Another property owner in the park, MMB Properties, sought the temporary injunction, which was approved by an Osceola County circuit judge.

The appeals court last year issued a stay of the injunction while the appeal moved forward. Friday's majority opinion backed findings of the circuit judge.

"The trial court's findings were that abortions are outpatient surgical procedures; that Planned Parenthood's facility is not a physician's practice of medicine; and, that even if the facility is operated as a physician's practice of medicine, its performance of abortions was not ancillary or incidental to that practice,'' said the opinion, written by Judge C. Alan Lawson and joined by Judge William Palmer.

"Accepting these findings, we affirm the trial court's ultimate finding that MMB had a substantial likelihood of success in proving that Planned Parenthood's performance of abortions at the facility would violate the restrictive covenant." Judge Kerry Evander dissented in a brief opinion.